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against and from all expenses , costs , and attorney's fees , including appellate proceedings , as
<br /> set forth in the Contract, that Owner sustains because of a damages, injury or conduct, want of
<br /> care of skill , negligence or default, including patent infringement on the part of the Principal , his
<br /> agents or employees , in the execution or performance of said Contract, and further, if the
<br /> Principal shall promptly make payments to all who supply him with labor and/or materials used
<br /> directly or indirectly by the Principal in the prosecution of the Work provided for in said Contract ,
<br /> then this obligation shall be null and void ; otherwise, the Principal and Surety, jointly and
<br /> severally, agree to pay Indian River County any difference between the sum that Indian River
<br /> County may be obliged to pay for the completion of said Work, by contract or otherwise, and
<br /> any damages, whether direct, indirect, or consequential , including reasonable attorney's fees
<br /> (including appellate proceedings) , which the County of Indian River may incur as a result of the
<br /> failure of the Principal to properly execute all of the provisions of the Contract.
<br /> AND, the said Principal and Surety hereby further bind themselves, their successors, executors,
<br /> administrators and assigns, jointly and severally, that they will amply and fully protect the
<br /> County of Indian River against, and will pay any and all amounts, damages , costs and
<br /> judgments which may be recovered against or which the County of Indian River may be called
<br /> upon to pay to any person or corporation by reason of any damage arising from the
<br /> performance of the said work, repair or maintenance thereof, or the manner of doing the same,
<br /> or his agents or his servants , or the infringements of any patent rights by reason of the use of
<br /> any material furnished or work done, as aforesaid or otherwise.
<br /> AND , the said Surety, for value received, hereby stipulates and agrees that no change,
<br /> extension of time , alteration or addition to the terms of the Contract or to the work to be
<br /> performed thereunder, or the Specifications or Drawings accompanying the same, shall in any
<br /> way affect its obligations on this Bond , and it does hereby waive notice of any such change ,
<br /> extension of time, alteration or addition to the terms of the Contract or to the Work or to the
<br /> Specifications or Drawings .
<br /> AND , the said Principal and Surety jointly and severally covenant and agree that this Bond will
<br /> remain in full force and effect for a period of one year commencing on the date of Substantial
<br /> Completion as established on the Certificate of Substantial Completion as issued by the County '
<br /> of Indian River.
<br /> Principal and Surety expressly acknowledge that any and all provisions relating to liquidated
<br /> damages contained in the Contract Documents are expressly covered by and made a part of
<br /> this Bond . Principal and Surety acknowledge that any such provision lie within their obligations
<br /> and within the coverages and limitations of this Bond .
<br /> Florida Statutes Section 255. 05 (2007), as amended from time to time, together with all notice
<br /> and time provisions contained in subsection (2 ) of Florida Statutes Section 255 . 05 (2007) , is
<br /> incorporated herein in its entirety by this reference.
<br /> IN WITNESS WHEREOF, the above bound parties executed this instrument under their several
<br /> seals, this _2_ day of may
<br /> each corporate party being hereto a 20 the name and corporate seal ofaffixedand these presents duly signed by its undersigned
<br /> representative, pursuant to authority of its governing body.
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<br /> 00610-2
<br /> H1Projects107411Bidding Contract specificationslSpec TemplateQ0071006101Performance Bond.doc
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